Corporate America’s Crossroads: Comply, Challenge, or Leave?

President Trump’s new $100,000 annual H-1B fee has placed corporate America, particularly the tech sector, at a major crossroads. Companies that rely on foreign talent now face a stark choice with three potential paths: comply with the new rule, challenge it in court, or, in the long term, relocate skilled operations outside the United States.
Complying with the fee is a financially daunting option. For a company like Amazon, which had over 10,000 visas approved in the first half of 2025, this could translate to an annual cost of a billion dollars. Only the wealthiest companies could even consider this path, and it would likely be reserved for only the most irreplaceable employees.
Challenging the policy in court is the most probable immediate response. Major business groups and individual companies are expected to file lawsuits arguing that the president has exceeded his authority. This path offers the hope of blocking the rule, but it involves a lengthy and uncertain legal process that creates its own set of business challenges.
The third option, leaving, is the most drastic but may become a realistic long-term strategy if the fee is upheld. Companies could choose to expand their research and development centers in countries like Canada, India, or Ireland, where acquiring global talent is more straightforward and affordable. This would represent a significant blow to the U.S. economy and its status as a global innovation hub.
The administration, through Commerce Secretary Howard Lutnick, is betting that most companies will be forced to choose a fourth, unstated option: hiring more Americans. “The company is going to hire an American,” he confidently predicted. Which path corporate America ultimately chooses will determine the future landscape of high-skilled work in the United States.